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Kempsey Shire Council – Ordinary Meeting 20 May 2014

MINUTES OF THE ORDINARY MEETING OF KEMPSEY SHIRE COUNCIL 20 May 2014 commencing at 9.01am. PRESENT: Councillors E A Campbell (Mayor and Chairman), E A Green, L L Kesby, S E McGinn, A P Patterson, D F Saul, A T Shields and A J Williams General Manager, D L Rawlings; Director Sustainable Environment, R B Pitt; Director Community Engagement, K E Oliver; Director Infrastructure Services, R J Scott; Director Corporate Management, D B Hagger; Manager Information Management and Governance, D S Thoroughgood; and Minute Taker D M Pearson.

1 OPENING PRAYER “Dear Lord, help us in our deliberations today so that our decisions will be for the greater good for the whole of Kempsey Shire - Amen”.

2 ACKNOWLEDGEMENT OF THE TRADITIONAL ABORIGINAL LAND OWNERS “Council acknowledges that this meeting is being held on the traditional lands of the Dunghutti People”.

3 APOLOGIES

2014.91 RESOLVED: Moved: Cl. Green Seconded: Cl. Saul That the apology submitted by Councillor Morris for non-attendance at the meeting be accepted and leave of absence granted.

4 DECLARATIONS OF INTEREST Nil


5 ASSESSMENT OF ITEMS LISTED FOR CONFIDENTIAL CONSIDERATION

2014.92 RESOLVED: Moved: Cl. Green Seconded: Cl. McGinn That the confidential reports be considered in the confidential section of the meeting.

6 CONFIRMATION OF MINUTES

2014.93 RESOLVED: Moved: Cl. Shields Seconded: Cl. Kesby That the minutes of the ordinary meeting of Kempsey Shire Council dated 15 April 2014 be confirmed.

7 CITIZENSHIP CEREMONIES Nil

8 PUBLIC FORUM / PRESENTATIONS Public Forum Mr Mark Walker addressed Council in relation to a non-agenda item quarry at Dondingalong.

9 CONSIDERATION OF MOTIONS FOR CHANGES TO THE ORDER OF BUSINESS

2014.94 RESOLVED: Moved: Cl. Green Seconded: Cl. Patterson That the Agenda Order of Business be adopted and the supplementary be dealt with in conjunction with directors reports.

10 CONSIDERATION OF REPORTS RELATING TO PUBLIC FORUM MATTERS Nil


11 CONSIDERATION OF REPORTS RELATING TO A CONSENSUS MOTION

2014.95 RESOLVED: Moved: Cl. McGinn Seconded: Cl. Shields That the recommendations in item 5 to item 17 be adopted.

ITEM 5 RE-ESTABLISHMENT OF ALCOHOL FREE ZONES WITHIN THE KEMPSEY SHIRE

Delivery Program Activity: (SAD-07-01) Undertake activities to reduce Alcohol related issues

Reporting Officer: Director Community Engagement

Effect of Recommendation on Budget: Nil

File: F12/496-03

REPORT SUMMARY Reporting on the option to renew Alcohol Free Zones within the Kempsey Shire.

2014.96 RESOLVED: Moved: Cl. McGinn Seconded: Cl. Shields That the re-establishment of Alcohol Free Zones throughout the Kempsey Shire commences.

ITEM 6 QUARTERLY BUDGET REVIEW TO 31 MARCH 2014

Delivery Program Activity: (CAD-02-02) Financial management

Reporting Officer: Manager Finance

Effect of Recommendation on Budget: $4,506 Surplus

File: F12/644-03

REPORT SUMMARY Reporting that the Budget Review for the quarter ending 31 March 2014 has been prepared for all funds.

2014.97 RESOLVED: Moved: Cl. McGinn Seconded: Cl. Shields That the Budget Review for the period ending 31 March 2014 is adopted and the variations contained therein are approved.


ITEM 7 2013/2014 LOAN BORROWING PROGRAM

Delivery Program Activity: (CAD-02-02) Financial Management



File: F12/807-02

REPORT SUMMARY Reporting on Council’s loan borrowings program for the 2013/2014 year.

2014.98 RESOLVED: Moved: Cl. McGinn Seconded: Cl. Shields 1 That the offer of loans from the institutions providing the most advantageous outcome to

Council be accepted. 2 That the seal of Council is affixed to the necessary loan documents.

ITEM 8 2013/2014 LOAN RESTRUCTURE




File: F12/807-02

REPORT SUMMARY Reporting on the review of loans currently held with the National Australia Bank.

2014.99 RESOLVED: Moved: Cl. McGinn Seconded: Cl. Shields 1 That the loans identified within the report be restructured with the National Australia Bank

subject to the realisation of cost savings approximate to those indicated within the report. 2 That the seal of Council is affixed to the necessary loan documents.

ITEM 9 2013/2014 LOAN RENEWALS




File: F12/807-02


REPORT SUMMARY Reporting on the renewal of Loans with the National Australia Bank.

2014.100 RESOLVED: Moved: Cl. McGinn Seconded: Cl. Shields 1 That the General and Water Fund loans be renewed on a five year term and the Sewer Fund

loan on a fifteen year term in accordance with the offer of renewal from the National Australia Bank.

2 That the seal of Council is affixed to the necessary loan documents.

ITEM 10 CODE OF MEETING PRACTICE

Delivery Program Activity: (CAD-01-03) Governance

Reporting Officer: Manager Information & Governance


File: F12/922-02

REPORT SUMMARY Reporting that the Code of Meeting Practice (Procedure 5.1.4) has been placed on public exhibition for 28 days

2014.101 RESOLVED: Moved: Cl. McGinn Seconded: Cl. Shields That the Code of Meeting Practice be adopted.

ITEM 11 CODE OF CONDUCT


Reporting Officer: Director Corporate Management


File: F12/400-03

REPORT SUMMARY The Code of Conduct has been amended to include actions to be undertaken regarding the receipt of prizes.

2014.102 RESOLVED: Moved: Cl. McGinn Seconded: Cl. Shields


That the Code of Conduct be adopted.

ITEM 12 STATEMENT OF CASH AND INVESTMENTS




File: N/A

REPORT SUMMARY Reporting on the statement of bank balances and investments.

2014.103 RESOLVED: Moved: Cl. McGinn Seconded: Cl. Shields That the information be noted.

ITEM 13 MAYOR AND COUNCILLOR ACTIVITIES


Reporting Officer: Manager Information Management & Governance


File: F12/253-03

REPORT SUMMARY Reporting on the activities of the Mayor and Councillors for the month of April 2014.


ITEM 14 DEVELOPMENT APPROVALS AND CONSTRUCTION CERTIFICATES

Delivery Program Activity: (HD-05-01) Ensure development undertaken to safe and reasonable standard

Reporting Officer: Director Sustainable Environment


File: 329


REPORT SUMMARY Reporting that the following applications have been approved for the period of April 2014 and includes approvals by Private Certifiers.

2014.105 RESOLVED: Moved: Cl. McGinn

Seconded: Cl. Shields That the information be noted.

ITEM 15 LOCAL TRAFFIC COMMITTEE MEETING HELD 6 MAY 2014

Delivery Program Activity: (CAD-01-04) Technical engineering management

Reporting Officer: Director Infrastructure Services


File: *

REPORT SUMMARY For Council to adopt the minutes of the Local Traffic Committee meeting held 6 May 2014.

2014.106 RESOLVED: Moved: Cl. McGinn Seconded: Cl. Shields That the recommendations of the Local Traffic Committee meeting held on 6 May 2014 be adopted.

ITEM 16 PREVIOUS RESOLUTIONS UPDATE

Delivery Program Activity: (CO-01-03) Governance

Reporting Officer: Manager Information and Governance


File: N/A

REPORT SUMMARY Reporting on the previous resolutions update for the month of April 2014.



ITEM 17 KEY PERFORMANCE INDICATORS

Delivery Program Activity: (CO-01-03) Governance

Reporting Officer: Manager Information and Governance


File: F12/756

REPORT SUMMARY Reporting the key performance indicators which did not achieve targets for the month of April 2014.


12 MAYORAL MINUTES

2014.109 RESOLVED: Moved: Cl. Campbell That this matter be dealt with at this meeting as it is deemed by the Mayor to be a matter of great urgency. That Council endorse the Mayor’s attendance at the Local Government Annual National Assembly.

13 STAFF REPORTS

ITEM 1 PROPOSED MODIFIED CONSENT – GOOLAWAH CO-OPERATIVE




File: T6-02-109 (Rev 01)

REPORT SUMMARY Reporting that Council has received an Application to Modify Development Consent T6-02-109 relating to changes to road upgrade, telecommunication service, and electricity supply requirements.


Owner: Goolawah Co-operative Pty Ltd Subject Land: Lot 1 DP1191860

Nevertire Road & Illa-Langhi Road, Crescent Head Zone: RU1 – Primary Production

RU2 – Rural Landscape E2 – Environmental Conversation

2014.110 RESOLVED: Moved: Cl. Green Seconded: Cl. Shields That the consent be modified as follows: A Modify Condition 4 as follows: “An application for road upgrades is to be submitted to Council for approval for all works

within any Council dedicated road reserve pursuant to Section 138 of the Roads Act 1993. Three (3) copies of engineering construction plans prepared by an appropriately qualified person shall accompany the application for consent for works within the road reserve. Such plans are to be in accordance with Council's Adopted Engineering Standard. The application shall include all necessary works for all of the following:

a) Nevertire Road shall be designed and constructed to a Type 3 Local Road standard

having the characteristics listed in Development Design Specification D1 of Chapter B3 of Kempsey Development Control Plan 2013.

b) The Crown road continuing from the end of Nevertire Road shall be designed and

constructed to an all-weather (unsealed) two wheel drive access road to be maintained in perpetuity by the owner/s of Lot 1 DP1191860 to the standard required by emergency services, including the NSW Rural Fire Service and the State Emergency Service.

The Goolawah Co-operative shall enter into a deed of agreement with Kempsey Shire

Council to maintain this Road section to this standard, which is to be registered as a Caveat over the title of Lot 1 DP1191860 binding any/all successive owner/s of that property.

c) Illa-Langhi Road and the combined right of carriageway shall be designed and

constructed to an all-weather (unsealed) two wheel drive access road to be maintained in perpetuity by the owner/s of Lot 1 DP1191860 to the standard required by emergency services, including the NSW Rural Fire Service and the State Emergency Service.

Illa-Langhi Road shall be dedicated to Council at no cost to Council prior to occupation

of the premises. Council’s agreement to accept dedication is subject to the owner of the land the

subject of this consent entering into a deed of agreement with Kempsey Shire Council to maintain this Road section and the combined right of carriageway to this standard, which is to be registered as a Caveat over the title of Lot 1 DP1191860 binding any/all successive owner/s of that property.


d) All necessary work to ensure sightlines at the Illa-Langhi Road / Maria River Road

intersection comply with AUSTROADS – Rural Road Design. The deeds of agreement required by this condition shall be completed and signed by all

relevent parties prior to the commencmenet of any works within any road reserve. The registration of these deeds of agreement as Caveats over the title of Lot 1 DP1191860 shall be completed prior to the completion of the works.

Council approval under Section 138 of the Roads Act 1993 must be obtained from Council

prior to the commencement of any works within any road reserve. All works must be undertaken in accordance with the Section 138 approval.

The application shall be accompanied by a Traffic Management Plan pursuant to Section 138

of the Roads Act 1993 relating to all works on Nevertire Road and Illa-Langhi Road. The plans and specifications are to include the measures to be employed to control traffic (inclusive of construction vehicles) during construction of the development. The traffic control plan is to be designed in accordance with the requirements of the Roads and Maritime Services Manual, Traffic Control at Work Sites Version 2, and Australian Standard 1742.3 - 1985, Manual of Uniform Traffic Control Devices Part 3, ‘Traffic Control Devices for Works on Roads’.

The plan must incorporate measures to ensure that motorists using the road adjacent to the

development, residents and pedestrians in the vicinity of the development are subjected to minimal time delays due to construction on the site or adjacent to the site. The traffic control plan must be prepared by an accredited person trained in the use of the current version of RMS Traffic Control at Work Sites manual.

Council approval for the Traffic Management Plan must be obtained from Council prior to

the commencement of any works within any road reserve. All works must be undertaken in accordance with the traffic management plan.”

Condition 9 be deleted. Condition 16 be deleted. Modify Condition 10 as follows: “Written evidence from the electricity supply authority shall be submitted to Council stating

that satisfactory arrangements have been made for the provision of electricity supply to the site, and that the system would have capacity to connect a service to all approved building envelopes if such connection was sought.”

Modify Condition 11 as follows: “Written evidence from Telstra shall be submitted to Council stating that satisfactory

arrangements have been made for the provision of telephone supply to the site, and that the system would have capacity to connect a service to all approved building envelopes if such connection was sought. For emergency response purposes a functional land-line telephone service must be made available in an unlocked location adjacent to the community kitchen building at all times.”


B That the objectors be advised of Council’s decision. A Division resulted in the following votes. F = Voted For A = Voted Against

Campbell F Green F Kesby F McGinn F

Patterson F Saul F Shields F Williams F

The Mayor noted that the forgoing resolution was passed UNANIMOUSLY. STANDING ORDERS

2014.111 RESOLVED: Moved: Cl. Campbell That Standing Orders be suspended to allow Councillors to read the late information related to Item 2. COMMITTEE OF THE WHOLE

2014.112 RESOLVED: Moved: Cl. Patterson Seconded: Cl. Shields That Council move into Committee of the Whole for discussions related to discuss item 2.

2014.113 RESOLVED: Moved: Cl. Patterson Seconded: Cl. Green That the Council Meeting be resumed.

ITEM 2 2014/2015 KEMPSEY SHIRE COUNCIL OPERATING PLAN


Reporting Officer: Director Community Engagement


File: F12/423-03

REPORT SUMMARY Reporting on the Draft 2014/2015 Operating Plan following the public exhibition period.


2014.114 RESOLVED: Moved: Cl. Patterson Seconded: Cl. Shields That; 1 the 2014/2015 Operating Plan be adopted subject to the outcome of the current IPART

application subject to the following changes; a the budget be adjusted to reflect the cuts made in the current Federal Budget to; i reduce the allocation to Economic Sustainability by $48,000 ii reduce the allocation to Visitor Information Centres by $12,000 iii reduce the footpath maintenance allocation by $10,000 iv reduce the swimming pool maintenance allocation by $12,000 b the Section 94 Developer Contribution Plan for Roads be revised to include the future

rural residential release area in Euroka/Dondingalong. c the survey and design be completed on the proposed extension of South Street

through to Gowings Hill Road to identify the scope of works required and allow firm estimates of cost to be prepared.

d a review of the major road works program be completed and the impact of funding

the extension of South Street in 2014/2015 be identified. The Mayor noted that the forgoing resolution was passed UNANIMOUSLY.

ITEM 3 BACK CREEK, SOUTH WEST ROCKS – REMOVAL OF THE FINGER WHARF

Delivery Program Activity: (SOD-01-02) Provide recreational activities

Reporting Officer: Director Infrastructure Services


File: F12/982, LA22499

REPORT SUMMARY To provide an update on the planned removal of the finger wharves by NSW Crown Lands as a result of their currently dangerous condition.

2014.115 RESOLVED: Moved: Cl. Shields Seconded: Cl. Green


1 That NSW Crown Lands be requested to defer demolition of the finger wharf and access ramp structure until arrangements are confirmed for refurbishment or replacement of the facility.

2 That further information be sought on the ability for grant funding programs to support

refurbishment/replacement of the facility. 3 That the Local Member and Minister for Crown Lands be requested to continue to provide a

facility at this location or fully fund reconstruction of a facility prior to handing the infrastructure over to Council.

ITEM 4 MAYORAL AND COUNCILLOR FEES FOR 2014/2015



Effect of Recommendation on Budget: $422 saving (2014/2015)

File: F12/818-02

REPORT SUMMARY Reporting that the Local Government Remuneration Tribunal has made its determination on mayoral and councillor fees for the 2014/2015 year.

2014.116 RESOLVED: Moved: Cl. Patterson Seconded: Cl. Kesby That Kempsey Shire Council mayor and councillor fees payable for the 2014/2015 year be the maximum allowed for regional rural categorised councils as determined by the Local Government Remuneration Tribunal. The Mayor noted that the forgoing resolution was passed UNANIMOUSLY. 14 RESCISSION MOTIONS Nil 15 NOTICES OF MOTION Nil

16 DELEGATE REPORTS Nil


17 COMMITTEE REPORTS

18 DELIVERY PROGRAM PERFORMANCE INDICATORS

19 COUNCILLOR QUESTIONS 2014-5-20

WD-05-03 RJS COUNCILLOR SAUL FILE: F12/227-03 QFNM1 Small bus shelter at the race course – is that being used? Can it be moved to Cyrus Saul 2014-5-20

WD-05-03 RJS COUNCILLOR SAUL FILE: F12/227-03 QFNM2 When will the signage be erected on the highway for 24 hour food and fuel in Kempsey? At this stage 10.00am the meeting adjourned for morning tea and upon resumption at 10.20am all present at the adjournment were in attendance.

20 CONFIDENTIAL ITEMS

2014.117 RESOLVED: Moved: Cl. Saul Seconded: Cl. Williams That Council form itself into the Confidential Session, and at this stage, the meeting be closed to the public to permit discussion of the confidential business items listed for the reasons as stated in the Agenda.

ITEM 18 DEVELOPMENT WITHOUT CONSENT




File: T6-02-109 & LA33166

Section 10A(2)(e) – Maintenance of Law


This report is submitted on a confidential basis as it involves information that would, if disclosed, prejudice the maintenance of law (Local Government Act 1993, section 10A (2) (e)). On balance, the public interest in preserving the confidentiality of the information which relates to matters of law, outweighs the public interest in openness and transparency in council decision making by discussing the matter in open meeting. REPORT SUMMARY Reporting that conditions of Development Consent T6-02-109 have not been complied with.

2014.118 RESOLVED: Moved: Cl. Shields Seconded: Cl. Green 1 That the owner be advised that failure to comply with conditions 3, 4 & 22 of development

consent T6-02-109 to the satisfaction of Council within twenty eight (28) days will result in the commencement of Class 4 proceedings in the Land and Environment Court to ensure compliance, including an order as to costs.

2 That the owner be further advised that failure to comply with conditions 12, 13 & 14 of

development consent T6-02-109 to the satisfaction of Council within 90 days (following receipt of approval) will result in the commencement of Class 4 proceedings in the Land and Environment Court to ensure compliance, including an order as to costs.

ITEM 19 DEVELOPMENT WITHOUT CONSENT




File: LA13809

Section 10A(2)(e) – Maintenance of Law This report is submitted on a confidential basis as it involves information that would, if disclosed, prejudice the maintenance of law. (Local Government Act 1993, section 10A(2)(e)) On balance, the public interest in preserving the confidentiality of the information which relates to matters of law, outweighs the public interest in openness and transparency in council decision making by discussing the matter in open meeting. REPORT SUMMARY Reporting on an existing dwelling that has been identified as being erected without Development Consent being granted.


2014.119 RESOLVED: Moved: Cl. Saul

Seconded: Cl. Kesby 1 That the owner be requested to either submit evidence that the existing dwelling enjoys

existing use rights or to submit a Development Application for the continued use of the building as a dwelling together with all relevant information required for Schedule 1 of the Environmental Planning and Assessment Act Regulations 2000 to Council within twenty eight (28) days.

2 That the owner be advised that failure to comply with Council’s request within twenty eight

(28) days, will result in the commencement of Class 4 proceedings in the Land and Environment Court to ensure compliance with the Kempsey Local Environmental Plan 2013, including an order as to Council’s costs.

ITEM 20 VARIOUS LEGAL MATTERS




File: F12/250-03

Section 10A(2)(g) – Legal Proceedings This report is submitted on a confidential basis as it involves advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege. (Local Government Act 1993, Section 10A(2)(g)) On balance, the public interest in preserving the confidentiality of the advice outweighs the public interest in openness and transparency in Council decision making by discussing the matter in open meeting. REPORT SUMMARY Reporting on the current position regarding legal matters

2014.120 RESOLVED: Moved: Cl. Patterson Seconded: Cl. Green That the information be noted.


OPEN COUNCIL

2014.121 RESOLVED: Moved: Cl. Shields Seconded: Cl. Green That the Open Council Meeting be resumed. REPORT OF THE MEETING OF THE COMMITTEE OF THE WHOLE Upon resumption of Open Council, the following Report of the Committee of the Whole was submitted by the General Manager. ADOPTION OF REPORT OF THE COMMITTEE OF THE WHOLE

2014.122 RESOLVED: Moved: Cl. Shields Seconded: Cl. Green That the foregoing recommendations of the Committee of the Whole, as reported by the General Manager, be adopted.

21 CONCLUSION There being no further business, the meeting terminated at 10.28am.

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